When Does Child Support End in Ontario?
When should child support end?
That’s a very important question for many spouses after they have separated or divorced.
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
Let’s see what happened to Melinda and John. They had a 20-year old daughter, Sommer. John wanted to stop paying child support for Sommer since he argued she was no longer attending school on a full-time basis.
Melinda, Sommer’s mother, argued that Sommer has been enrolled in school on a full-time basis.
One thing you can learn from Melinda and John is…
But, before I explain what you can learn, let me point out that a parent has an obligation to pay child support in the following situations. First, a parent must pay child support when their child is under sixteen years of age or their child is between sixteen and seventeen years of age and the child has not withdrawn from parental control.
A parent must also pay child support when their child is eighteen years of age or older, is enrolled in a full-time program of education and has not withdrawn from parental control.
When a child is eighteen years of age or older, the parent who is seeking child support has the onus or legal burden to show the child’s eligibility for child support.
The parent must provide real proof that the child is enrolled in a full-time program in college or university and that the child attends classes on a regular basis. The child must usually get, at least, average marks in their program and put forward a reasonable effort in their studies, given the circumstances of their personal situation.
The court concluded in the case of Melinda and John that John still had to pay child support after Sommer turned eighteen years of age since she was starting a university program after she completed a college diploma.
John had to realize that Ontario family law encourages adult children to complete university and college courses that contribute to the children’s job prospects and financial future by continuing to require the payment of child support, especially when adult children are in their early 20’s and working at a reasonable level in their college or university studies.
Undoubtedly, child support will end when children become the age of majority and they are not enrolled in a full-time program of education regardless whether they are working or not.
The main lesson to learn from John and Melinda’s situation is that Ontario family law definitely supports adult children completing their college or university course with the payment of child support as long as these adult kids put in a real effort in their programs.
Be fair when you deal with this issue and both spouses can get reach a reasonable agreement on this important topic.
Make sure you spend some time with your family lawyer discussing this important issue in your separation or divorce.
If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837. We would be happy to speak to you.
Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?
Click here to find out more: Durham Region Separation and Divorce Legal Support Group